1 Short Title

This Act may be cited as the Maori Housing Amendment Act 1938, and shall be read together with and deemed part of the Maori Housing Act 1935 (hereinafter referred to as the principal Act).

Setting apart land for dwellings

2 Crown land may be set apart for purposes of principal Act

(1)

The chief executive may by notice published in the Gazette—

(a)

Set apart for the purposes of the principal Act, any land which is Crown land under the Land Act 1948 or is State Housing land within the meaning of the Housing Act 1955 and which is not subject to any lease or licence:

(b)

Vary or revoke any Proclamation issued under this section before the 1st day of January 1971 or any notice issued under this section.

(2)

When any land has, whether before or after the commencement of this Act, been set apart pursuant to this section or is under section 3 of this Act deemed to be set apart for the purposes of the principal Act, the District Land Registrar, at the request of the chief executive, shall endorse on the existing certificate of title to the land a memorial that the land is subject to the Maori Housing Act 1935, or if no certificate of title already exists for the land, the District Land Registrar shall issue a certificate in the name of Her Majesty the Queen and shall endorse such a memorial thereon; and shall, at the like request, cancel the memorial as to the whole or any part of the land.

The original subsection (1) was amended, as from 1 December 1961, by section 14(1)Maori Purposes Act 1961 (1961 No 129).

This section was substituted, as from 1 January 1971, by section 11(1)Maori Purposes Act 1970 (1970 No 120).

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

3Chief executive may acquire land to be set apart under principal Act

(1)

For any of the purposes of the principal Act the chief executive may from time to time acquire on behalf of the Crown, whether from a Maori or from any other person, and whether by way of purchase, gift, lease, licence, or otherwise, such lands or interests in land as the chief executive thinks fit.

(2)

All land acquired under this section shall, when so acquired, be deemed to have been set apart for the purposes of the principal Act.

(3)

Notwithstanding the provisions of Part 21 of the Maori Affairs Act 1953, Maori freehold land required by the chief executive as a site for the erection of rental accommodation for elderly Maoris may be acquired by the chief executive by way of gift.

(4)

When any land acquired by the chief executive pursuant to subsection (3) of this section is, in the opinion of the chief executive, no longer required for the purpose for which it was given, the chief executive shall arrange for the return of the land to the donors or their representatives, subject, where improvements have been placed on the land by the chief executive, to satisfactory arrangements being made with the donors or their representatives.

In subsection (1) the former words “Board of Maori Affairs” was substituted, as from 27 November 1947, pursuant to section 9(2)﻿(a)Maori Purposes Act 1947 (1947 No 59).

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was inserted, as from 23 November 1973, by section 20Maori Purposes Act (No 2) 1973 (1973 No 106).

Subsection (3) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (4) was inserted, as from 23 November 1973, by section 20Maori Purposes Act (No 2) 1973 (1973 No 106).

Subsection (4) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (4) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

4Chief executive may carry out works and erect buildings

(1)

The chief executive may from time to time cause to be undertaken and carried out, in connection with any land that is for the time being set apart for the purposes of the principal Act, such works as it thinks fit, including (but without in any way limiting the chief executive’s powers hereunder) the survey, subdivision, reclamation, draining, roading, bridging, fencing, and clearing of the land, the provision of lighting, heating, sanitation, water supply, and other conveniences, and any other works calculated to improve the land or to render it suitable or more suitable for the purposes of the principal Act.

(2)

The chief executive may cause dwellings to be erected on any land set apart as aforesaid, and may from time to time alter, enlarge, repair, rebuild, or otherwise improve any dwelling or any other building or erection.

(3)

The chief executive, with the consent of the Commissioner of Crown Lands, given either generally or in respect of any particular area of land, may exercise any powers conferred on him or her by this section in respect of any land vested in Her Majesty the Queen and subject to the Land Act 1948, notwithstanding that the land has not been set apart for the purposes of the principal Act.

In subsection (3) the word “it”, originally referring to the Land Settlement Board, has been amended to read “him or her”.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”, and by substituting the words “General Manager’s” for the word “Board’s”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”, and by substituting the words “chief executive’s” for the words “General Manager’s”.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was inserted, as from 1 December 1961, by section 14(2)Maori Purposes Act 1961 (1961 No 129).

Subsection (3) was amended, as from 1 April 1987, by section 65(1)Conservation Act 1987 (1987 No 65) by substituting the words “Director-General of Lands” for the words “Land Settlement Board”.

Subsection (3) was further amended, as from 1 October 1989, by section 3(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

In subsection (3) the words “the Commissioner of Crown Lands” were substituted, as from 1 February 1990, for the words “the Director-General of Lands” pursuant to section 9(2) Survey Amendment Act (No 3) 1989 (1989 No 139).

Subsection (4) was inserted, as from 1 December 1961, by section 14(2)Maori Purposes Act 1961 (1961 No 129).

Subsection (4) was amended, as from 1 October 1989, by section 3(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (4) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

4A Training of young Maoris

(1)

The chief executive may from time to time employ young Maoris in carpentry and other trades associated with house building and may from time to time make suitable arrangements for the training of any such persons.

(2)

Every young Maori who desires to receive any such employment and training shall execute an agreement with the chief executive setting out the conditions and terms under which the training shall be given, and any such agreement shall be binding upon the parties notwithstanding that any party to the agreement may be under the age of 20 years.

This section was inserted, as from 22 October 1959, by section 32Maori Purposes Act 1959 (1959 No 90).

Subsection (1) was amended, as from 1 October 1989, by section 3(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was amended, as from 1 January 1971, by section 6Age of Majority Act 1970 (1970 No 137) by substituting the expression “20” for the words “twenty-one”.

Subsection (2) was further amended, as from 1 October 1989, by section 3(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was amended, as from 24 November 1967, by section 7Maori Purposes Act 1967 (1967 No 145) by substituting the words “the State Services Act 1962 or in the Government Railways Act 1949 or in the Post Office Act 1959” for the words “the Master and Apprentice Act 1908 or in section 39 of the War Legislation and Statute Law Amendment Act 1918”.

In subsection (3) the reference to the New Zealand Railways Corporation Act 1981 was substituted, as from 1 April 1982 for a reference to the Government Railways Act 1949 by section 120(1)New Zealand Railways Corporation Act 1981 (1981 No 119).

In subsection (3) the reference to the Apprenticeship Act 1983 was substituted, as from 1 November 1983, for a reference to the Apprentices Act 1948 by section 58(2) Apprenticeship Act 1983 (1983 No 16).

In subsection (3) the reference to the State Sector Act 1988 was substituted, as from 1 April 1988, for a reference to the State Services Act 1962 pursuant to section 88(2)State Sector Act 1988 (1988 No 20).

In subsection (2) the Post Office Act 1959 referred to in subsection (3) was repealed, as from 1 January 1988 by section 2(1)Post Office Act Repeal Act 1987 (1987 No 115).

Disposal of dwellings

5 Dwellings may be disposed of by way of sale or lease

All dwellings erected or acquired by the chief executive under this Act may be disposed of by way of sale or lease as hereinafter provided.

This section was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

6 Persons competent to acquire dwellings

Except with the consent of the chief executive, no person other than a Maori shall be qualified to acquire a dwelling under this Act by way of sale or lease.

This section was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

7 Cost of dwelling to purchaser

Any dwelling disposed of by way of sale under this Act shall be sold at a price to be fixed by the chief executive.

This section was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

8 Terms of sale

(1)

Subject to the provisions of this Act, every dwelling disposed of by way of sale under this Act shall be disposed of pursuant to an agreement containing such terms and conditions as the chief executive thinks fit.

(2)

Where the purchase money is payable by instalments the purchaser shall pay interest on the amount of the purchase money from time to time outstanding at a rate to be determined by the chief executive, not exceeding in any case the current rate fixed under section 10 of the principal Act in respect of advances under that Act.

(3)

The chief executive may from time to time, in the chief executive’s discretion, and either unconditionally or upon or subject to such conditions as he or she thinks fit, extend the time allowed by any agreement under this section for the payment of the whole or any part of the purchase money, interest, or other money payable thereunder.

(4)

For the purpose of securing the payment of any purchase money, interest, or other money payable pursuant to any agreement under this section the chief executive may require the purchaser to give such orders or assignments as the chief executive thinks fit over any money payable or to become payable to him, whether as the proceeds of the alienation of any land, or as the proceeds of the sale of the produce of any land or stock, or otherwise howsoever.

(5)

The provisions of section 18 of the Housing Act 1955 shall apply to agreements under this section in all respects as if references in the said section 18 to Kāinga Ora–Homes and Communities were references to the chief executive or to the Crown, as the case may require, the reference in subsection (5) to that section to regulations were a reference to regulations under this Act, and the reference in that subsection to section 37 of the Housing Act 1955 were a reference to section 11 of this Act.

In subsection (3) the words “he or she” were substituted for the word “it”.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (3) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager’s” for the words “its”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive’s” for the words “the General Manager’s”.

Subsection (4) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (4) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (5) was inserted, as from 1 December 1961, by section 14(3)Maori Purposes Act 1961 (1961 No 129).

Section 8(5): amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Subsection (5) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (5) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

9 Value of improvements effected during currency of agreement to be added to price

(1)

If during the currency of an agreement to purchase any dwelling the chief executive alters, enlarges, repairs, rebuilds, or otherwise improves the dwelling pursuant to the chief executive’s powers in that behalf, the value of the work so done as fixed by the chief executive shall be a debt to the Crown due by the purchaser, and shall be recoverable accordingly, or may be added by the chief executive to the amount of the purchase money for the time being owing under the agreement to purchase.

(2)

Where any amount is added to the purchase money as aforesaid the chief executive may, if he or she thinks fit,—

(a)

Increase the amount of the instalments payable under the agreement so as to complete the payment of the purchase money within the time limited by the agreement in that behalf; or

(b)

Accept from the purchaser a surrender of the agreement and enter into a new agreement with the purchaser in respect of the dwelling.

In subsection (2) the words “he or she” were substituted for the word “it”.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager’s” for the word “its”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive’s” for the words “the General Manager’s”.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager” for the word “it”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive” for the words “the General Manager”.

10Chief executive may revoke agreement on default by purchaser

(1)

If the purchaser of any dwelling pursuant to an agreement under this Act makes default in complying with the terms of his agreement or with any of the provisions of this Act the chief executive may, in his or her discretion, revoke the agreement upon giving to the purchaser not less than one month’s notice in writing of his or her intention to do so; and on the revocation of the agreement the purchaser shall give up possession of the dwelling to the chief executive.

(2)

Where any notice revoking an agreement for sale and purchase has been given upon default under the agreement—

(a)

The acceptance by or on behalf of the chief executive of any money payable under the agreement shall not of itself constitute evidence of a new agreement or operate as a waiver of the notice; and

(b)

It shall not be necessary for the chief executive to wait any further period or give any other notice or make any further demand, any rule of law or equity to the contrary notwithstanding.

(3)

Notwithstanding anything to the contrary in section 63 of the Land Transfer Act 1952 or in any other Act, where the chief executive lawfully revokes an agreement for sale and purchase under this Act, the purchaser and all persons claiming through the purchaser shall forthwith vacate the land and yield up possession thereof to the chief executive:

Provided that this subsection shall not apply to persons who claim by virtue of an instrument approved by the chief executive and who have complied with all the terms and conditions of the approval.

In subsection (1) the words “his or her” were substituted for the word “its”.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was substituted, as from 1 December 1961, by section 14(4)Maori Purposes Act 1961 (1961 No 129).

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was substituted, as from 1 December 1961, by section 14(4)Maori Purposes Act 1961 (1961 No 129).

Subsection (3) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

11 Dwellings not to be disposed of by purchaser without consent of chief executive

(1)

Except with the prior consent of the chief executive, no dwelling that is sold by the chief executive under the foregoing provisions of this Act shall be disposed of by the purchaser by way of sale, lease, mortgage, assignment, or in any other matter whatsoever before a certificate of title has been issued in respect of the dwelling pursuant to the next succeeding section. Every contract of sale, lease, mortgage, assignment, or other disposition in contravention of this section shall be absolutely void.

(2)

The chief executive, in the chief executive’s discretion, may refuse the chief executive’s consent under this section to any proposed disposition, or may grant the chief executive’s consent either unconditionally or upon or subject to such conditions as he or she thinks fit.

(3)

Nothing in this section shall apply to any disposition by will in favour of the widow, widower, surviving civil union partner, or child of the purchaser or to any disposition by operation of law.

In subsection (2) the words “he or she” were substituted for the word “it”.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager’s” for the word “its”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive’s” for the words “General Manager’s”.

Subsection (3) was amended, as from 1 December 1961, by section 14(5)Maori Purposes Act 1961 (1961 No 129) by inserting the words “surviving civil union partner,” after the expressions “widower,”.

Subsection (3) was amended, as from 26 April 2005, by section 7Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “surviving civil union partner,” after the word “widower,”.

12 Issue of certificate of title to purchaser

(1)

On payment of the full amount of the purchase money and of all interest and other money payable to the chief executive under an agreement to purchase a dwelling under this Act, the purchaser shall be entitled to receive a certificate of title under the Land Transfer Act 1952 in respect of his dwelling .

(1A)

Where any land is transferred by the chief executive to such a purchaser, the memorandum of transfer shall disclose that the land so transferred is subject to the provisions of this section, and the District Land Registrar shall enter on the certificate of title issued in the name of the transferee a memorial in accordance with subsection (2) of this section.

(2)

All land comprised in any certificate of title issued under this section shall be deemed to be General land.

(3)

[Repealed]

Subsection (3) was repealed, as from 1 December 1961, by section 14(6)Maori Purposes Act 1961 (1961 No 129)

Subsection (1) was amended, as from 7 December 1945, by section 6(1)﻿(a)Maori Purposes Act 1945 (1945 No 42) by omitting the words “and the Governor-General may, by warrant under his hand, authorise the issue of a certificate of title accordingly”.

In subsection (1) the reference to the Land Transfer Act 1952 was substituted, as from 1 January 1953, for a reference to the Land Transfer Act 1915 by section 245(1)Land Transfer Act 1952 (1952 No 52).

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (1A) was inserted, as from 7 December 1945, by section 6(1)﻿(b)Maori Purposes Act 1945 (1945 No 42).

Subsection (1A) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1A) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was substituted, as from 1 December 1961, by section 14(6)Maori Purposes Act 1961 (1961 No 129).

In subsection (2) the words “General land” were substituted, as from 10 October 1975, for the words “European land” pursuant to section 16(2)Maori Purposes Act 1975 (1975 No 135).

12A Sale of land for Maori housing

(1)

Notwithstanding the provisions of this Act the chief executive may sell, subject to such terms and conditions as the chief executive thinks fit, any land set apart for the purposes of the principal Act to any person qualified to acquire a dwelling under this Act before the erection or completion of a dwelling on the land.

(2)

Where any land is sold under this section, the provisions of section 12 of this Act, as far as they are applicable and with the necessary modifications, shall apply in all respects as if the purchaser had purchased a dwelling.

This section was inserted, as from 28 October 1960, by section 20Maori Purposes Act 1960 (1960 No 120).

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager” for the word “it”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive” for the words “the General Manager”.

13Chief executive may grant leases

The chief executive may dispose of any dwelling erected or acquired under this Act by way of lease Every lease under this section shall contain such terms, covenants, and conditions, not inconsistent with this Act, as the chief executive thinks fit.

This section was amended, as from 8 November 1974, by section 10Maori Purposes Act 1974 (1974 No 144) by omitting the words “on a monthly or a weekly tenancy or for any term not exceeding three years at any one time”.

This section was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

14 Restriction of lessee’s powers of disposition

(1)

Except with the prior consent of the chief executive, no lease or sublease of any dwelling leased by the chief executive under this Act shall be capable of being assigned; nor, except with the prior consent of the chief executive, shall any sublease of any land so leased be capable of being granted.

(2)

The chief executive may refuse consent under this section to any assignment or sublease, or may grant consent either unconditionally or upon or subject to such conditions as the chief executive thinks fit.

(3)

Nothing in this section shall apply to any disposition by will in favour of the widow, widower, surviving civil union partner, or child of the lessee or in favour of a Maori, or to any disposition by operation of law.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was substituted, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68).

Subsection (2) was further substituted, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145).

Subsection (3) was amended, as from 26 April 2005, by section 7Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “surviving civil union partner,” after the word “widower,”.

15 Determination of leases by chief executive

(1)

If in the opinion of the chief executive any lessee under a lease granted under this Act is negligent or careless in the care of the dwelling leased to him, or if for any other reason he is considered by the chief executive to be unsuitable as a lessee, the chief executive may determine the lease.

(2)

Any lease granted under this Act may be at any time determined by the chief executive if the lessee commits any breach of the conditions thereof, and in such other circumstances as may be provided in the lease.

(3)

A certificate by the chief executive that any lease has been determined under this section shall be conclusive evidence that the lease has been lawfully determined. Upon any such determination the lessee shall not be entitled to any payment, whether in respect of improvements or otherwise.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (3) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (3) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

16Chief executive may sell land not required for purposes of Act

(1)

Notwithstanding anything to the contrary in the foregoing provisions of this Act, the chief executive may sell or otherwise dispose of, to such persons in such manner and on such terms as the chief executive thinks fit, any land or building acquired or erected for the purposes of the principal Act and not required therefor.

(2)

On payment of the full amount of the purchase money and of all interest and other money (if any) payable to the chief executive under an agreement to purchase any land under this section the purchaser shall be entitled to receive a certificate of title under the Land Transfer Act 1952 in respect of the land .

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager” for the word “it”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive” for the words “the General Manager”.

In subsection (2) the reference to the Land Transfer Act 1952 was substituted, as from 1 January 1953, for a reference to the Land Transfer Act 1915 by section 245(1)Land Transfer Act 1952 (1952 No 52).

Subsection (2) was amended, as from 7 December 1945, by section 6(2)Maori Purposes Act 1945 (1945 No 42) by omitting the words “and the Governor-General may, by Warrant under his hand, authorise the issue of a certificate of title accordingly”.

Subsection (2) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

17 Part 13 of Land Act 1924, etc, not to apply

The provisions of Part 13 of the Land Act 1924 and of Part 12 of [the Maori Land Act 1931] shall not apply to any land or to any interest in land disposed of under this Act.

18

[Repealed]

Section 18 was repealed, as from 31 March 1977, by section 25(4)﻿(a)Maori Purposes Act 1976 (1976 No 148).

Miscellaneous

19

(1)

This subsection inserted subsection (3)﻿(e) and (f) of the principal Act.

(2)

No advance shall be made under the said section 3 for the purchase of a dwelling except upon a valuation approved by the chief executive.

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

20

[Repealed]

Section 20 was repealed, as from 13 October 1941, by section 7(3)Maori Purposes Act 1941 (1941 No 22).

21 Money advanced, with interest thereon, to be charged on land

(1)

All money advanced under the principal Act in respect of any land (including a reasonable charge for supervision where the money is expended or applied by the chief executive or as the chief executive directs), with interest at the rate determined in accordance with that Act, shall be a charge upon the land, and shall be repayable at such time or times and in such manner as, subject to any regulations made under the principal Act, the chief executive may from time to time determine.

(2)

Where any land is subject to a charge created by subsection (1) of this section, the chief executive may execute a memorial of charge against the land for the purpose of evidencing the charge.

(3)

Where any land is subject to a charge under this section, the chief executive may, by executing a memorial of charge, create a collateral charge over any other land or interest in land of the person whose land is charged under subsection (1) of this section or of any relative of that person who has agreed to his land being so charged:

Provided that no such collateral charge shall be created without the prior consent in writing of the person owning the estate or interest over which it is proposed to create the collateral charge.

(4)

Every memorial of charge under this section and every agreement required under subsection (3) of this section shall be in such form as may be prescribed by regulations under the principal Act.

(5)

A copy of every memorial of charge executed by the chief executive shall be served upon the person or persons whose interest is charged.

(6)

The principal money secured under any such memorial of charge shall be due upon the date or dates to be named therein in that behalf, and interest shall be payable on any such principal sum from the date of commencement specified in the memorial with half-yearly rests on the last days of March and September in each year at the rate or rates specified therein, being the rate or rates contained in the principal security for the loan.

(7)

A memorial of charge amended under this section or any variation or discharge of any such memorial may be registered against the title to the land affected under the Land Transfer Act 1952 or the Deeds Registration Act 1908. Where any orders of Court which constitute the title of or confer title on the person whose interest is charged are not so registered, the memorial of charge may be deposited with the Registrar of the Maori Land Court for filing with the orders of the Court. If the said orders or subsequent orders which affect the interest charged are subsequently registered it shall be the duty of the Registrar of the Maori Land Court to send the memorial of charge with the orders for registration and to notify the chief executive that he has done so.

(8)

When so registered or deposited a memorial of charge under this section shall have the same force and effect as if it were a valid mortgage to Her Majesty the Queen of all the land therein described to secure the repayment of the principal money and the payment of interest thereon; and the power of sale and all other powers implied in mortgages over land by the Property Law Act 2007 shall be implied in the memorial of charge. The production of any certificate of title shall not be necessary for the purpose of registering a memorial of charge under this section against the land in that title.

(9)

Any encumbrance registered before the registration of a memorial of charge under this section shall have priority over the memorial of charge:

Provided that in so far as any registered prior mortgage secures any money that is advanced after written notice of the memorial of charge and of the registration thereof against the title to the land has been given to the mortgagee or to any solicitor for the time being acting for the mortgagee in respect of the prior mortgage, the memorial of charge shall have priority over the mortgage.

(10)

The chief executive may at any time release or discharge in whole or in part the charge evidenced or created by any memorial of charge executed under this section or may vary any such memorial of charge by reducing the rate of interest or the rate of repayment or by extending the term thereof.

(11)

The chief executive may at any time discharge in whole or in part the charge evidenced or created by any charging order made under this section before the commencement of this subsection.

Subsection (1) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (1) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “the General Manager” for the word “it”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (1) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “the chief executive” for the words “the General Manager”.

Subsections (2) and (3) were substituted, and subsections (4) to (11) were inserted, as from 22 October 1959, by section 33(1)﻿(a)Maori Purposes Act 1959 (1959 No 90).

Subsections (2), (3), (5), (7), (10) and (11) were amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsections (2), (3), (5), (7), (10) and (11) were further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Section 21(8): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

22

[Repealed]

Section 22 was repealed, as from 22 October 1959, by section 33(1)﻿(b)Maori Purposes Act 1959 (1959 No 90).

23 Enforcement of charges

(1)

[Repealed]

(2)

In addition, any charge under section 21 of this Act, whether registered or not, may from time to time, on the application of the chief executive, be enforced by the Court either—

(a)

By the appointment of a receiver in respect of the land or interest in land; or

(b)

By the making of an order vesting in Her Majesty the Queen either the whole of the land or interest in land or such part thereof or interest therein as will, in the opinion of the Court, be sufficient to satisfy the charge.

(3)

Upon the making of an order under paragraph (b) of the last preceding subsection, the land or interest in land affected by the order shall be deemed to be vested in Her Majesty, subject, however, to any estate or interest having priority to the charge, and the charge shall be deemed to be extinguished.

(4)

Subject to the next succeeding subsection, all land that becomes vested in Her Majesty under this section shall be deemed to have been set apart for the purposes of the principal Act.

(5)

Without limiting the powers conferred on the chief executive by this or any other Act, the whole or any part of any land that becomes vested in Her Majesty under this section may be proclaimed Crown land under section 265 of the Maori Affairs Act 1953 in the same manner as if it were land purchased by the Crown, and shall thereupon be subject to the Land Act 1948 and shall be administered and dealt with accordingly. In every such case a sum equivalent to the value of the land as determined by the Commissioner of Crown Lands shall be transferred from the Consolidated Account to such other account as the Minister of Finance shall determine.

Compare: 1936 No 53 s 21

Subsection (1) was repealed, as from 22 October 1959, by section 33(1)﻿(b)Maori Purposes Act 1959 (1959 No 90).

Subsection (2) was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (2) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

Subsection (5) was amended, as from 17 October 1941, by section 39(9) Statutes Amendment Act 1941 (1941 No 26) by substituting the words “Land Settlement Board” for the words “Dominion Land Purchase Board”.

In subsection (5) the reference to the Land Act 1948 was substituted, as from 1 April 1949, for a reference to the Land Act 1924, by section 185(1)Land Act 1948 (1948 No 64).

In subsection (5) the reference to section 265 Maori Affairs Act 1953 was substituted, as from 1 April 1954, for a reference to section 454 Maori Land Act 1931 by section 473(1) Maori Affairs Act 1953 (1953 No 94). The Maori Affairs Act 1953 was repealed, as from 1 July 1993, by section 362(2)Te Ture Whenua Maori/Maori Land Act 1993 (1993 No 4).

In subsection (5) the former words “the Works and Trading Account” had been substituted, as from 1 April 1964, for the words “the Land Settlement Account” pursuant to section 6(6) Public Revenues Amendment Act 1963 (1963 No 46). These words were in turn substituted, as from 1 April 1978, by the words “the Consolidated Account” pursuant to section 114(6) Public Finance Act 1977 (1977 No 65).

Subsection (5) was further amended, as from 1 April 1987, by section 65(1)Conservation Act 1987 (1987 No 65) by substituting the words “Commissioner of Crown Lands” for the words “Land Settlement Board”.

Subsection (5) was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

Subsection (5) was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

24 Repeal and savings

(1)

The last 3 preceding sections are in substitution for section 8 of the principal Act, and that section is hereby accordingly repealed.

(2)

All charges, orders, certificates, registrations, appointments, Proclamations, and generally all acts of authority that originated under the said section 8 and are substituting or in force on the passing of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(3)

All matters and proceedings commenced under the said section 8 and pending or in progress on the passing of this Act may be continued, completed, and enforced under this Act.

25 Securities over Maori reserves, etc

A charge may be constituted or a mortgage may be executed over any land or interest in land pursuant to the principal Act notwithstanding that the land may be a Maori reserve within the meaning of the Maori Land Act 1993, or a Maori reservation within the meaning of that Act, or may be otherwise reserved for Maoris or declared to be inalienable by any Act, Warrant, will, instrument, or other act of authority.

A former reference to the Maori Affairs Act 1953 was substituted, as from 1 April 1954, for a reference to the Maori Land Act 1931 by section 473(1) Maori Affairs Act 1953 (1953 No 94). This reference was in turn substituted, as from 1 July 1993, for a reference to the Te Ture Whenua Maori Act/Maori Land Act 1993 pursuant to section 362(2)Te Ture Whenua Maori Act/Maori Land Act 1993 (1993 No 4).

26 Confirmation of mortgages not required

No mortgage of Maori land or of any interest therein executed in favour of Her Majesty the Queen pursuant to the principal Act shall require confirmation under Part 19 of the Maori Affairs Act 1953.

The reference to Part 19 of the Maori Affairs Act 1953 was substituted, as from 1 April 1954, for a reference to Part 13 of the Maori Land Act 1931 by section 473(1) Maori Affairs Act 1953 (1953 No 94). A Mortgage of Maori land by a Maori no longer requires confirmation under Part 19. The Maori Affairs Act 1953 was repealed, as from 1 July 1993, by section 362(2)Te Ture Whenua Maori Act/Maori Land Act 1993 (1993 No 4).

27 Maori Trustee not to charge commission

Notwithstanding anything to the contrary in section 48 of the Maori Trustee Act 1953 or in any other Act, no commission shall be chargeable by Maori Trustee on any money received for the purposes of the principal Act (including this Act).

The reference to section 48 of the Maori Trustee Act 1953 was substituted, as from 1 April 1954, for a reference to section 97 Maori Land Act 1931 by section 473(1) Maori Affairs Act 1953 (1953 No 94).

The words “by any Maori Land Board or” were omitted, as from , by section 3 Maori Land Amendment Act 1952.

The words “Maori Trustee” were substituted for the words “Maori Land Board” pursuant to section 5 Maori Land Amendment Act 1952.

28 Grants and loans for valuation fees, etc

The chief executive may from time to time make grants or loans to Maoris to enable them to meet the expenses (including valuation fees) of and incidental to applications to the chief executive or to any other body or person for advances, whether under the principal Act or otherwise.

This section was amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

29 Exemption from stamp duty

[Repealed]

Section 29 was amended, as from 1 December 1953, by section 7(2) Stamp Duties Amendment Act 1953 (1953 No 54) by omitting the words “statutory declaration”.

Section 29 was repealed, as from 20 May 1999, by section 7Stamp Duty Abolition Act 1999 (1999 No 61).

30 Mode of recovery of money and possession of dwellings

Any proceedings under the principal Act (including this Act) for the recovery of any money or for the recovery of possession of any dwelling or land may, if the chief executive so directs, be taken on behalf of the Crown by the Maori Trustee, by suit in his corporate name, or by any other person authorised in writing in that behalf by the chief executive , by suit in his own name.

A former reference to the Board of Maori Affairs was substituted, as from 27 November 1947, for a reference to the Board of Native Affairs by section 9(2)﻿(a)Maori Purposes Act 1947 (1947 No 59).

The reference to the Maori Trustee was substituted for a reference to any Maori Land Board by section 5 Maori Land Amendment Act 1952.

This section was further amended, as from 1 October 1989, by section 13(1)Maori Affairs Restructuring Act 1989 (1989 No 68) by substituting the words “General Manager” for the word “Board”.

This section was further amended, as from 1 January 1992, by section 9(1)Ministry of Maori Development Act 1991 (1991 No 145) by substituting the words “chief executive” for the words “General Manager”.

31 Extending power to make regulations

(1)

Without limiting the power conferred on the Governor-General by section 14 of the principal Act to make regulations prescribing any matters that may be deemed necessary for the purpose of giving effect to that Act, regulations may be made under that section for all or any of the following purposes:

(a)

Prescribing the terms and conditions of agreements of sale and purchase under this Act, including conditions for the revocation thereof:

(b)

Prescribing the terms and conditions upon or subject to which dwellings may be leased under this Act:

(c)

Providing for the direction, supervision, and control of the erection or alteration of dwellings and other buildings:

(d)

Prescribing matters in respect of which fees (not being fees in respect of advances) are to be payable under the principal Act (including this Act), or under regulations made thereunder, the amount of the fees, and the persons liable to pay them:

(e)

Authorising the refund or remission, in such circumstances as may be prescribed, of any fees (not being fees in respect of advances) payable under the principal Act (including this Act) or under regulations made under that Act.

(2)

No regulation made under the principal Act shall be deemed invalid on the ground that it delegates to or confers on the Governor-General or any other person or body any discretionary authority.

Subsection (1)﻿(d) was amended, as from 30 July 1985, by section 3(2) Maori Housing Amendment Act 1985 (1985 No 115) by inserting the words “(not being fees in respect of advances)”.

Subsection (1)﻿(e) was amended, as from 30 July 1985, by section 3(2) Maori Housing Amendment Act 1985 (1985 No 115) by inserting the words “(not being fees in respect of advances)”.

32

33 Validation of acts done in anticipation of this Act

All acts of any nature done before the passing of this Act that by virtue of this Act would have been valid and lawful if they had been done after the passing of this Act shall be deemed to have been validly and lawfully done, and, in so far as they are subsisting at the passing of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the appropriate provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

Reprint notes

1 General

This is a reprint of the Maori Housing Amendment Act 1938 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this reprint

This reprint is not an official version of the legislation under section 18 of the Legislation Act 2012.